Determining Liability in Bike Accidents
Bike accidents in Southern California are far more common than they should be. With California’s beautiful weather, walkable roads, and unbeatable views, it should be no surprise that there are lots of bicyclists around. Yet, many drivers still operate as if they are the only ones on the road. When bike accidents happen, bicyclists tend to suffer the worst outcomes. While drivers have the full weight of their vehicles to protect them, bicyclists have nothing more than their helmets and watchfulness. If you’ve been injured in a bike accident, you could be entitled to compensation. Find out now. Call DeWitt Algorri & Algorri at 855-WINNING (946-6464) to set up a consultation. Our aggressive and committed bike accident lawyers are here to help victims like you fight for justice.
One topic that comes up again and again in these cases is a bicyclist’s rights and responsibilities. Quite a few collisions occur because drivers don’t realize how far a bicyclist’s rights extend. In general, bicyclists have the same rights to the road as drivers. If they are moving as fast as traffic, they can drive in any lane they choose. If a bicyclist is moving slower than traffic, they can take the entire lane if they cannot ride safely next to a car. However, if there is a bike lane available and a bicyclist is driving slower than traffic, they must use the bike lane unless turning left, passing, or approaching an area where a right turn is not permitted.
What Determines Liability?
Several factors go into figuring out where liability lies after a bike accident. They include:
- Traffic laws and regulations: Traffic laws go a long way in determining fault after an accident. This is why it’s so important for you to know the laws affecting bike riders. Many bicyclists assume that the police know these laws well enough to issue proper citations after an accident, but a surprising amount of officers are unfamiliar with where bicyclists may and may not ride. Bicyclists are expected to follow the same laws as drivers regarding stop signs, stop lights, and signage. Violations on either party’s part may make them liable.
- Right-of-way rules: Right-of-way rules often come into play in bike accident cases. In fact, failure to yield is one of the most common causes of accidents across the United States.
- Negligent driving or riding behavior: If one party rode or drove negligently in a way that led to an accident, they will likely be on the hook for accident-related expenses. For a driver, this may mean driving too close to a bike and accidentally rear-ending it, failing to yield to a bicyclist when they have the right of way, or driving while distracted. For a bicyclist, it may mean riding through stop signs, riding on the wrong side of the road, or failing to use a bike lane when legally required to do so.
Evidence Proving Liability
When you seek compensation for your injuries and other losses, your personal injury or bike accident attorney will look into many types of evidence that can support your case. Eyewitness testimonies are often important, especially in the busy cities of Southern California. The police and insurance companies will listen to both parties involved in the crash, as well as those who watched it happen. It’s important to write down your recollection of the accident as soon as possible—you’d be surprised how quickly important memories begin fading.
Photo and video evidence can also be a crucial component of your bike accident claim. You may want to reach out to businesses and homeowners in the immediate vicinity of your bike accident to find out if they have surveillance footage. It’s also possible that the driver has dashcam footage that your bike accident lawyer can subpoena. On your end, don’t forget to take photos of your injuries, your bike, and the location of the accident.
Police reports and other official documents can be very useful for your bike accident attorney. However, double-check the police report for accuracy and adherence to local bicycling laws.
Choose DeWitt Algorri & Algorri for Your Bicycle Accident Case
If a bike accident has left you injured and staring down a pile of medical bills, don’t fight back alone. Let the team at DeWitt Algorri & Algorri help. Call our team of experienced bike accident lawyers now to learn more about your next steps. Call us at 855-WINNING (946-6464) or reach out online now.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
